Allahabad High Court
BABLU TARWALE AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The entire criminal proceedings under sections 147, 323, 324, 504 and 506 IPC are quashed.
Summary
The applicants filed an application under Section 528 of the Code of Criminal Procedure seeking to quash criminal proceedings (Case No.17617 of 2022) arising from offences under IPC sections 147, 323, 324, 504 and 506. The parties had amicably settled their dispute and filed a compromise application before the trial court, which was verified and reported. The opposite party expressed that it did not wish to continue the criminal case. Relying on a series of Supreme Court decisions permitting quash of criminal proceedings where a genuine compromise exists, the High Court held that the proceedings should be dismissed. Consequently, the court ordered the entire case to be quashed and allowed the application.
Issues considered
- Whether criminal proceedings under IPC sections 147, 323, 324, 504 and 506 can be quashed on the basis of an amicable settlement and a verified compromise application under Section 528 CrPC.
- Whether the court may stay further proceedings pending verification of the compromise.
Legislation cited
- Code of Criminal Procedure — s. 528
- Indian Penal Code — s. 147, 323, 324, 504, 506
Subjects
- criminal procedure
- compromise application
- quash of criminal proceedings
- Section 528 CrPC
- IPC sections 147, 323, 324, 504, 506
- amicable settlement
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 51006 of 2025
Bablu Tarwale And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anwar Hussain
Counsel for Opposite Party(s) : Anees Baig, G.A.
Court No. - 77
HON'BLE PRAVEEN KUMAR GIRI, J.
1. Supplementary Affidavit filed on behalf of applicants in Court today,
is taken on record.
2. Heard Sri Anwar Husain, learned counsel for the applicants and Sri
Anees Baig,learned counsel for opposite party No.2.
3. Learned counsel for the applicants submits that he has filed the
instant application under Section 528 BNSS with the relief which has
been mentioned in the prayer clause of the application.
4. The relief which has been mentioned in the application is
delineated below:-
"It is, therefore, most respectfully prayed that this Hon'ble
Court may graciously be pleased to quash the entire
proceedings of Case No.17617 of 2022 (State vs. Ballu
Tarwale and others) arising out of Case Crime no.141 of
2022, under section 147, 323, 324, 504, 506 IPC, Police
Station-Ramgarh, District-Firozabad, pending in the Court
of Judicial Magistrate, Firozabad.
It is further prayed that this Hon'ble Court may graciously
be pleased to stay the further proceedings of Case
No.17617 of 2022 (State vs. Ballu Tarwale and others)
arising out of Case Crime no.141 of 2022, under section
147, 323, 324, 504, 506 IPC, Police Station-Ramgarh,
District-Firozabad, pending in the Court of Judicial
NA528 No. 51006 of 2025
2
Magistrate, Firozabad and/or pass such other and further
order, which this Hon'ble Court may deem fit and proper in
the facts and circumstances of the case."
5. Learned counsel for the parties have submitted that both the
parties are residing peacefully in the society. The parties, out of their
own free will, have settled their dispute amicably and in furtherance
thereof, they have filed a compromise application dated 17.02.2026
before the concerned trial court. Thereafter, this Court, vide order
4.2.2026, has directed the parties to appear before the concerned
trial court for verification of the compromise application with a
direction to the trial court to verify the compromise application in
presence of both the parties and submit a report to this Court.
6. Learned counsel for the parties have not disputed the fact that the
parties have settled their dispute amicably and they have filed
compromise application before the trial court, which has been verified
by the trial Court, vide order dated 20.02.2026, copy whereof has
been filed along with supplementary affidavit dated 17.3.2026 at page
no.15, which is kept on record.
7. In the present case, the sections involved are Section 147, 323,
324, 504, 506 IPC.
8. Sri Anees Baig, learned counsel for the opposite party no.2 has
submitted that the O.P. No.2 does not want to proceed with the
impugned criminal proceedings.
9. Therefore, in view of the above and considering the dictum of the
Apex Court in re: B.S. Joshi and others Vs. State of Haryana and
Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012)
10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4
SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC
285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307;
J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of
Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and
Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641, the entire
proceedings of Case No.17617 of 2022 (State vs. Ballu Tarwale and
others) arising out of Case Crime no.141 of 2022, under section 147,
323, 324, 504, 506 IPC, Police Station-Ramgarh, District-Firozabad,
NA528 No. 51006 of 2025
3
pending in the Court of Judicial Magistrate, Firozabad, are hereby
quashed.
10. Accordingly, the instant application is allowed.
March 18, 2026
SFH
(Praveen Kumar Giri,J.)
Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad
Checking your session…